HISTORY:
1953 59-10-8.1, enacted by Laws 1971, ch. 55, § 1; 1989, ch. 263, § 9; repealed by 2016, ch. 24, § 3, effective May 18, 2016.
Notes to Decisions
Applicability.
Workers’ compensation judge properly applied 52-1-12.1 NMSA 1978, given the substantial evidence that supported a contributing cause to the worker’s injury, in addition to the worker’s intoxication; the judge properly held 52-1-11 NMSA 1978 inapplicable to bar recovery because there was substantial evidence to support the judge’s factual determination that the worker’s injury was not willfully suffered by him. Villa v. City of Las Cruces, 2010-NMCA-099, 148 N.M. 668, 241 P.3d 1108, 2010 N.M. App. LEXIS 131 (N.M. Ct. App.), cert. denied, 149 N.M. 49, 243 P.3d 753, 2010 N.M. LEXIS 474 (N.M. 2010).
Legislature intended to include methamphetamine and amphetamine as stimulant drugs under this section and 52-1-12.1 NMSA 1978, and there was insufficient evidence to support the workers’ compensation judge’s conclusion that these drugs were the sole cause of the worker’s accident, and thus the workers’ compensation benefits had to be reduced by 10 percent pursuant to 52-1-12.1 NMSA 1978. Ortiz v. Overland Express, 2010-NMSC-021, 148 N.M. 405, 237 P.3d 707, 2010 N.M. LEXIS 255 (N.M. 2010).
Worker’s compensation judge properly decided to grant full benefits to a worker because there was no evidence that tests for drug and alcohol met the standards set forth in 52-1-12.1 NMSA 1978. Nelson v. Homier Distrib. Co., 2009-NMCA-125, 147 N.M. 318, 222 P.3d 690, 2009 N.M. App. LEXIS 213 (N.M. Ct. App. 2009).
Research References and Practice Aids
Cross references.
Reduction in compensation when alcohol or drugs contribute to injury or death, 52-1-12.1 NMSA 1978.